Documente Academic
Documente Profesional
Documente Cultură
Respondents.
SUMMARY OF PROCEEDING
Civil Practice Law and Rules (CPLR) to annul, vacate, and set
1
The ZBAs determination was filed with the Town Clerk on
or about February 23, 2017
1
2. This proceeding is also brought to annul, vacate, and
determination.
5. The Project spans more than 742 acres and multiple tax
2
6. Specifically, the Project would include the following
the Planning Board after it approved the site plan and special
apply for, and did not receive, use variances, which are required
districts.
3
the definition of a hotel or motel and lodges are undefined.
Exhibit A.
Board with the directive that it request that the ZBA determine
and the term lodge is undefined in the Zoning Code. For the
4
dated February 15, 2017 (ZBA Decision) p. 5. A copy of the ZBA
Petition also seeks to annul the Planning Boards March 13, 2017
determination, because the Applicant did not apply for, and did
THE PARTIES
5
17. One or more of CHAs members live in close proximity to
20. Other CHA members who live near the Project include:
6
24. The Applicant, respondent Crossroads Ventures, LLC, is
use permit and site plan review approval which are at issue
herein.
VENUE
BACKGROUND
Shandaken located south of New York State Route 28, and west and
is also south and east of Galli Curcui Road, as the road winds
2
The Final Environmental Impact Statement for the Project
states that the lands in the Town of Shandaken includes
approximately 225 acres (p. 202) or 328.23 acres (p. 204). The
Planning Boards resolution (p. 2) states that the acreage is
333.56 acres.
7
and turns. Fleischmanns Heights Road is located to the west of
the Site.
3
According to those documents cited above, even though the
Project is called the Belleayre Resort at Catskill Park, the
Project has been reviewed by the Planning Board as a hotel
development, not a resort. There is no definition of a
vacation resort in the Zoning Code, and a camp, which is
similar to a resort according to the Zoning Code, specifically
excludes a hotel. Zoning Code 116-4. Moreover, neither the
Applicant nor the Planning Board applied the criteria in Zoning
Code 116-40(E) that apply to vacation colonies.
8
entrances and which may contain one or more dining rooms.
(definition of accessory).
Code 116-40(O)(4).
36. The Zoning Code specifies the types of uses that are
9
is needed if a proposed use is not on the list of uses allowed in
Board in its letter to the ZBA also claimed that the units will
10
occupy the same lot as the main hotel building whose operator
will also manage these units and will not be subdivided or sold
as individual residences.
to the Zoning Code had been adopted by the Town Board, it would
landowner.
of the Town Board, the Planning Board proposed that the ZBA adopt
abode.
11
manner, the ZBA found that a lodge development necessarily
45. The ZBA found that the term lodge as used in the
46. The ZBA did not make any explicit finding on the
ZBA.
47. The ZBA also did not make a finding about whether the
and time-share units will come on line over the following five
12
years as the market dictates via pre-sales. The fact that the
should be rejected.
13
52. The term condominium means individual ownership of a
53. While the fee ownership will remain with the operator
14
59. Thus, in order to construct the multiple dwellings in
60. The Applicant has not applied for a use variance for
61. Since they are not permitted uses, as shown above, the
failed to answer the question that the Court directed to it. See
Code, the ZBA used the Planning Boards claims about the
15
affected by error of law because the ZBA failed to follow the
Courts direction.
67. The ZBA adopted new definitions for the terms lodge
69. The ZBA may only apply the existing zoning laws to the
16
73. The ZBAs determination was arbitrary and capricious,
structures.
17
78. Therefore, the duration or nature of occupancy as
and capricious.
Applicant will have control over whether third parties use the
transient occupancy.
capricious.
18
85. Further, the ZBAs decision does not take into
the phrase hotel, motel or lodge development, and that the term
lodge clearly includes terms that are defined in the Code such
Zoning Codes use of the term lodge in this context was meant
Courts decision.
and affected by error of law because the ZBA failed to follow the
19
89. Accordingly, the ZBAs determination should be
annulled.
ZBA violated the Open Meetings Law. See Public Officers Law
Article 7.
determination in public.
and not a single comment was made by any of the ZBA members,
20
96. Therefore, the ZBAs determination must be annulled as
the ZBA worked for the Applicant cutting timber on its lands, and
Highway Superintendent.
21
102. The public deserves to be assured, and be confident,
that the members of public bodies, like the ZBA, are making
108. The requisite use variances have not been applied for
22
109. Therefore, the Planning Board may not issue final
permit uses.
23
hotel and lodge development are either clearly accessory to the
Specifically, the Planning Board did not make a finding that the
hotels.
24
WHEREFORE, Petitioner requests that the Court grant judgment
approving the special use permit and site plan review application
Board may not approve the special use permit and site plan review
25
CAFFRY & FLOWER
Co-counsel for Petitioner
John W. Caffry, of Counsel
100 Bay Street
Glens Falls, New York 12801
518-792-1582
26
STATE OF NEW YORK)
)SS.:
COUNTY OF WARREN )
___________________________
Claudia K. Braymer
_______________________
NOTARY PUBLIC
27